Terms and Conditions
- Eligibility to purchase
- Pricing policy
- Sale price adjustment policy
- Acceptance of your order
- Gift cards
- Promotion codes
- Insurance and delivery
- Returns and exchanges
- Intellectual property rights
- No commercial use
- Your activity
- Third party
- Digital millennium copyright act
- General legal terms
- Subscription Terms & Conditions for PORTER
The following TOS and any other rules posted on our Site (collectively the "TOS") constitute an agreement between The NET-A-PORTER Group LLC ("NET-A-PORTER", "we", "our", "us") and you, the visitor, governing your access and use of all content and functionalities available at the NET-A-PORTER website, related micro-sites accessed through the URL www.net-a-porter.com, related domain names, and any other website or micro-site of NET-A-PORTER (collectively the "Site").
By visiting the Site, you are accepting and consenting to the practices described in the TOS. We may modify the TOS from time to time and your continued use of this Site (or any of our other Sites) following such change shall signify your agreement to be bound by the modified TOS.
Please read the TOS and check back often. If you do not agree to any change to the TOS, then you must immediately stop using the Site.
To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address firstname.lastname@example.org. We may also change registration requirements from time to time.
The account password you provide should be unique and kept secure, and you must notify NET-A-PORTER immediately of any breach of security or unauthorised use of your account. Although NET-A-PORTER will not be liable for your losses caused by any unauthorized use of your account, you may be liable for NET-A-PORTER's losses or others due to such unauthorized use.
Eligibility to Purchase
The purchase of merchandise through the NET-A-PORTER Group LLC ("NET-A-PORTER") is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the State of New York.
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the NET-A-PORTER terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to NET-A-PORTER, and who have authorized NET-A-PORTER to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, NET-A-PORTER reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise, you expressly authorized us to perform credit checks and, where NET-A-PORTER feels necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.
Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
All orders are subject to acceptance and availability, and Items in your shopping basket are not reserved and may be purchased by other customers.
NET-A-PORTER offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally however, we may be waiting for shipments from our designer suppliers. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once designer stock has been delivered to NET-A-PORTER. NET-A-PORTER will only take Advance Purchase orders for stock that has been scheduled for delivery by a designer supplier. Your rights regarding Advance Purchase are the same as those for any other purchase at NET-A-PORTER. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.
Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.
If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please note that on occasion certain products that are in particularly high demand will sell out during this period.
NET-A-PORTER will store a record of your transactions for a minimum of one year.
Prices shown on the Site are in US Dollars and are exclusive of taxes. If you are shipping within the USA, sales tax will only be charged on orders shipped to New York State and New Jersey. No other tax or import duty will be applied to orders shipped within the USA.
All prices and offers remain valid as advertised from time to time. The US Dollar price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error.
Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during selling period.
Customers purchasing from a country served as DDP will incur relevant import duty and tax. These costs are included in the final purchase price. Customers purchasing from a country served as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from DHL or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.
If you are a customer whose credit/debit card is not denominated in US Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
Sale Price Adjustment Policy
NET-A-PORTER is happy to offer a Sale Price Adjustment on items purchased up to 7 days prior to the commencement date of a sale. Please be aware that the exact style and size of an item must be available for purchase at the time your request is made before any adjustment in the sale price can be approved. All approved Sale Price Adjustments will be credited to your NET-A-PORTER account in the form of a store credit which will be valid for 12 months.
We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.
Acceptance of Your Order
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order will be perfected upon completion of the packing of your order. Completion of the contract between you and NET-A-PORTER will be perfected when we dispatch the goods to you at which time you will receive a second email containing you tracking number, and confirming that your order has been dispatched. The sale contract is therefore concluded in the State of New York, USA, and the language of the contract is English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of NET-A-PORTER.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within the TOS.
Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.
Payment can be made by Visa, MasterCard, American Express, and any other methods which may be clearly advertised on the site from time to time. You can also choose to pay with PayPal. When selecting this option at checkout, you will be directed to the PayPal site to 'Log In' and review the amount shown before clicking 'Pay Now'. Once this transaction is complete, you will then return to NET-A-PORTER.COM. Payment will be debited and cleared from your account upon completion of the packing of your order by NET-A-PORTER. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer.
If the issuer of your credit/debit card refuses to authorize payment to NET-A-PORTER, we will not be liable for any delay or non-delivery. Occasionally, high demand causes us to run out of certain items. If we don't have an item that you have ordered in stock, we'll notify you by email immediately.
Sometimes, an item is out of stock and not expected to come back in stock, so we must cancel the item. In this case, if you paid with a credit/debit card, we will not charge you for the item or any taxes, shipping or handling charges.
We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using Chase Paymentech, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered NET-A-PORTER user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.
To help ensure that your shopping experience is safe, simple and secure NET-A-PORTER uses Secure Socket Layer (SSL) technology.
Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
- No fees are imposed on Net-A-Porter Gift Cards and they do not expire.
- Gift Cards can be redeemed against all products on the www.net-a-porter.com AM site.
- Gift Cards are non transferable and may not be returned or redeemed for cash (except as required by law).
- If your order total is less than the value of the Gift Card, the remaining balance will be credited to your account and will be redeemed against subsequent orders. You may check your Gift Card balance online via your My Account page.
- If your order exceeds the value of the Gift Card and you have existing store credit on your account, this will automatically be redeemed to cover the remaining balance. All remaining balances exceeding the value of your gift credit or store credit must be paid by credit or debit card.
- If you return products you have purchased using a Gift Card, the remaining balance will be credited to your account as store credit and will be redeemed against subsequent orders. You may check your Store Credit balance online via your My Account page.
- Virtual Gift Cards will be e-mailed to the recipient once the full order has been processed and payment has been taken. A copy will also be sent to the sender as confirmation of dispatch.
- Net-A-Porter is not liable for delivery of a Virtual Gift Card to an incorrect or non-existent email address, this is the sole responsibility of the purchaser.
- Net-A-Porter is not responsible if a Gift Card is lost, stolen, destroyed or used without permission.
- Net-A-Porter reserves the right to cancel a Gift Card if we deem such action necessary.
- Promotion codes cannot be applied to the purchase of Gift Cards with the exception of free shipping codes which can be applied to Printed Gift Cards orders.
- Sales tax and shipping is applicable on any products purchased with a Net-A-Porter Gift Card.
- Shipping is applicable on Printed Gift Cards.
Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.
NET-A-PORTER insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by NET-A-PORTER, and transfer of responsibility in the same way.
The signature can be waived for domestic orders dispatched via UPS. When placing an order, the signature requirement is set by default; however, you can update your preference on the shipping page before proceeding to purchase. Please note, that if no signature is collected, you agree to our terms and conditions and, confirm that NET-A-PORTER can leave your package(s) outside the premises at the shipping address provided by you without obtaining a signature for proof of delivery. You authorise NET-A-PORTER to leave the package(s) at the shipping address without obtaining a signature and release and indemnify NET-A-PORTER from liability for any loss or damage that may result from leaving the package(s) at your shipping address without obtaining a signature.
Please note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods. Estimated delivery times are to be used as a guide only and commence from the date of dispatch, NET-A-PORTER are not responsible for any delays caused by destination customs clearance processes.
RECEIVING YOUR RMA
If you wish to return an item, a Returns Merchandise Authorization (RMA) number should be requested online within 14 days of receiving your order. Please refer to our Returns & Exchanges policy for details on how to request an RMA.
RETURNING YOUR PURCHASE
Making a return for a refund, store credit, or exchange is easy using either our Domestic Returns or International Returns service. All returns must be made within 14 days of receiving an RMA. For full details on how to return your purchase see our Returns & Exchanges policy.
Please note you can only exchange items for a different size, based on stock availability. If you wish to exchange your item for an alternative product, we suggest that you return it for a store credit and purchase the new item separately.
Shipping is complementary on the replacement item, but exchanges made to destinations outside of the U.S. will be processed for customs clearance and therefore any relevant import duty and tax charges will apply. See costs for Shipping and Returns.
Items should be returned unused and with all NET-A-PORTER and designer garment tags still attached. Returns that are damaged or soiled may not be accepted and may be returned to the customer.
Where provided, belts and any designer packaging such as authenticity cards, dust bags and leather tags should be included with your return.
Please email email@example.com if any of your purchases have been delivered without NET-A-PORTER tags.
All items returned should have a Return Merchandise Authorization (RMA) number to allow easy identification and prompt processing. Unidentified returns may be returned to the sender.
All shoes should be tried on a carpeted surface before wear.
Skincare, cosmetics and hair care must be returned unused, unopened, and in their original packaging otherwise we may not accept them. Please note, fragrance, nail polish and aerosols are final sale and may not be returned due to restrictions by the Department of Transportation.
LINGERIE & SWIMWEAR
Briefs, swimming costumes, and bikini bottoms should be tried on over underwear without removing the protective adhesive strip. Returns may not be accepted if this strip has been removed or if items are soiled, and may be sent back to the customer.
Goods are faulty if they are received damaged or where a manufacturing fault occurs within six months of purchase. Items that are damaged as a result of normal wear and tear are not considered to be faulty.
If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund.
We have made every effort to display as accurately as possible the colors of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
We offer a flexible returns policy to make your online shopping experience even easier. However, we do monitor the number of returns made and may refuse to accept orders at our discretion if goods are returned repeatedly.Back to top
You acknowledge and agree that all copyright, designs, the "look and feel" of the Site, trademarks and all other intellectual property and material rights relating to the Content as herein described, including NET-A-PORTER Software and all HTML and other code contained in this Site, shall remain at all times vested in NET-A-PORTER and/or are the property of their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the Content only as expressly authorized by NET-A-PORTER and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
In addition to the Intellectual property rights mentioned above, "Content" is defined as all information such as the "look and feel" of the Site, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files on this Site. NET-A-PORTER tries to ensure that the information on this site is accurate and complete. NET-A-PORTER does not warrant or represent that NET-A-PORTER's Content is accurate, error-free or reliable or that your use of NET-A-PORTER's Content will not infringe rights of third parties. Your use of the Web Site is at your risk. NET-A-PORTER does not warrant that the functional aspects of the Web Site or NET-A-PORTER's Content will be error free or that this Web Site, NET-A-PORTER Content or the server that makes it available are free of viruses or other harmful components. If your use of this Site, or NET-A-PORTER's Content results in the need for servicing or replacing property, material, equipment or data, NET-A-PORTER is not responsible for those costs. Without limiting the foregoing, everything on the Web Site is provided to you "as is" and "as available" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. NET-A-PORTER and its suppliers make no warranties about NET-A-PORTER Content, software text, downloads, graphics, and links, or about results to be obtained from using the Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. NET-A-PORTER reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that NET-A-PORTER is not liable to you or any third party for any such withdrawal.
Opinions expressed on NET-A-PORTER TV are the personal opinions of the authors and do not reflect the views of NET-A-PORTER. By posting you agree to be solely responsible for the content of all information you contribute. You also grant to NET-A-PORTER a right to use any content you provide for its own purposes including republication in any form or media. Comments may be moderated and may take up to72 hrs to be displayed but NET-A-PORTER does not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts please mail firstname.lastname@example.org . NET-A-PORTER reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This site is available to the public, information you consider confidential should not be posted to this site.
The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of NET-A-PORTER and we accept no responsibility for any such views expressed in any media.
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site.
You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to any submissions made by them.
We may include hyperlinks on this Site to other websites or resources operated by parties other than NET-A-PORTER, including advertisers. NET-A-PORTER has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
While NET-A-PORTER will use reasonable endeavors to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied in relation to its accuracy. This Site is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Site, or any transaction that may be conducted on or through this Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these TOS shall limit your rights as a consumer under the laws of the State of New York.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you.
You agree that, except for death and personal injury arising from our negligence, We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the TOS.
At our request, you agree fully to defend, indemnify and hold harmless NET-A-PORTER immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive these TOS and your use of the Site and the Services.
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please contact our Copyright Agent as follows:
The NET-A-PORTER Group LLC
100 Fifth Avenue, New York, NY 10011
Attn: Copyright Agent
Tel: +1 877 678 9627
- (a) Complete Terms: The TOS constitute the whole legal agreement between you and NET-A-PORTER and govern your use of the Services and completely replace any prior agreements between you and NET-A-PORTER in relation to the Services. Notwithstanding the foregoing, you understand that NET-A-PORTER may make changes to the TOS from time to time. When these changes are made, NET-A-PORTER will make a new copy of the TOS available at http://www.net-a-porter.com. You agree that NET-A-PORTER is under no obligation to provide you with notices regarding changes to the TOS. You understand that it is your responsibility to check the TOS regularly for changes.
- (b) Modifications to the Services: NET-A-PORTER is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which NET-A-PORTER provides may change from time to time without prior notice to you. You further acknowledge and agree that NET-A-PORTER may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at NET-A-PORTER's sole discretion, without prior notice to you.
- (c) Confidentiality: You understand that NET-A-PORTER grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. NET-A-PORTER reserves the right to revoke these exceptions either generally or in specific cases.
- (d) Liability in the Event of Breach: You agree that you will comply with all of the provisions of the TOS. You understand that you are solely responsible for (and that NET-A-PORTER has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences including any loss or damage which NET-A-PORTER may suffer) of any such breach.
- (e) Rights Not Waived: You agree that if NET-A-PORTER does not exercise or enforce any legal right or remedy which is contained in the TOS (or which NET-A-PORTER has the benefit of under any applicable law), this will not be taken to be a formal waiver of NET-A-PORTER's rights and that those rights or remedies will still be available to NET-A-PORTER.
- (f) Severability: If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these TOS is invalid, then that provision will be removed from the TOS without affecting the rest of the TOS. The remaining provisions of the TOS will continue to be valid and enforceable.
- (g) Governing Law: The TOS, and your relationship with NET-A-PORTER under the TOS, shall be governed by the laws of the State of New York. You and NET-A-PORTER agree to submit to the exclusive jurisdiction of the State and Federal courts in New York City, New York, and waive any claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise.
- (h) Violation of TOS: Please report any violations of the TOS by emailing email@example.com.
- (i) Independent Relationship: You and NET-A-PORTER are independent contractors, and these TOS, including but not limited to submission or distribution of any Content you created, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and NET-A-PORTER. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in the TOS. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in the TOS.
The following terms and conditions (Terms) tell you (the Customer) the basis upon which you will be supplied PORTER magazine (“PORTER”) by The NET-A-PORTER Group Limited (as Publisher) when you take out a subscription.
Please note that PORTER is distributed to 170 countries worldwide however, its content is only available in English.
Please read these Terms carefully before ordering a magazine subscription from NET-A-PORTER (us).
You should print a copy of these Terms for future reference.
1. CONTRACTING PARTY
All subscriptions for PORTER shall be fulfilled by us together with our nominated third party.
2. YOUR STATUS
By placing an order for the subscription, you warrant that:
2.1 You are legally capable of entering into binding contracts; and
2.2 You have sought permission from the bill payer if you are not the account/card holder;
3. SUBSCRIPTION CONTRACT
3.1 You can subscribe to PORTER in the following ways:
Simply visit http://portersubscription.net-a-porter.com to place an order. Once you have purchased a subscription online, you will receive an email acknowledging receipt of your order confirming that it is processing. You will then be sent a further email within 5 working days containing all your subscription details confirming our acceptance of your order.
You can place an order for your subscription by phoning +1 855 333 8627 from 8.30am-8pm EST, Monday to Friday. You will prompted during the call to confirm that you have read these Terms before proceeding.
You can complete an order form found inside an issue of PORTER magazine purchased from all newsstands. You will be prompted to check a box on the form to confirm that you have read these Terms.
Once you have purchased PORTER, you will receive an email from us acknowledging receipt of your order confirming that it is processing. You will then be sent a further email within 5 working days containing all your subscription details confirming our acceptance of your order. If an email address wasn’t provided, you will be sent confirmation by post.
3.2 By placing an order for PORTER subscription online, by post or by telephone, you recognize that if your order is accepted by us this will result in a binding contract.
4. RIGHT TO CANCEL / NON FULFILLMENT
We reserve the right to cancel or not fulfil orders:
4.1 when we are unable to obtain payment authorization from the issuer of your payment card; or
4.2 in the event of an inaccuracy with the price, however, we may fulfil your order at the correct price.
5. RIGHT TO CHANGE PUBLICATION DATES/FREQUENCY
We reserve the right to change the publication dates and the frequency of PORTER without notice to you. Any such changes will be communicated.
6. SUBSCRIPTION COSTS
6.1 PORTER is available on an annual subscription basis and is payable via Visa, Visa Debit, MasterCard, American Express and Electron.
6.2 The prices shown in GBP, EUR, USD, AUD and HKD are an approximate amount. Credit cards will be debited in the currency you have chosen to pay in.
6.3 If your credit/debit card is not denominated in one of the above currencies, the price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction. The prices will be as quoted on http://portersubscription.net-a-porter.com/myaccount (our Site) from time to time, except in cases of obvious error.
6.4 The subscription price includes delivery costs and any applicable taxes. Please be aware that the transaction will show as PORTER magazine on your bank/credit card statements.
6.5 PORTER can be purchased via the following payment options:
CREDIT CARD PAYMENT
If you are not using your own credit/debit card, you must seek permission from the credit/debit holder before placing your subscription order.
6.6 We aim to ensure that the subscription prices are accurate however, errors may occur. If an error is brought to our attention, we will inform you and reconfirm your subscription at the correct price and ask you to authorize us to take payment for the outstanding balance. If we cannot reach you, we will assume your order is cancelled.
6.7 US customers can also opt to pay for their subscription by check. Simply complete an order form found inside a purchased copy of PORTER magazine enclose a check with the amount payable to The Net-a-Porter Group LLC.
7.1 Your magazine will be delivered to the address provided by you and confirmed by us when you placed your subscription. As PORTER is produced 6 times a year, please allow up to 14 weeks for your first issue to arrive.
7.2 Please be aware that if you have supplied us with an incorrect address, you agree that we not be held responsible for failure to deliver the magazine. We reserve the right to discard mail outs and magazine issues that are returned to us without any responsibility to refund you or the person who sent them back despite our efforts to contact you for the correct information.
7.3 Any changes in delivery address must be notified to us at least 3 weeks in advance of delivery in writing by emailing firstname.lastname@example.org or by telephoning +1 855 333 8627 from 8.30am-8pm EST, Monday to Friday quoting the old and new address. We will not be held responsible for any incorrect deliveries resulting from your failure to notify.
7.4 Time of delivery is not of the essence. Any concerns relating to the delivery or general condition of the magazine delivered to you must be notified to us within 7 days from the date in which the magazine was or should be delivered. Please email email@example.com or telephone +1 855 333 8627 from 8.30am-8pm EST, Monday to Friday. Should any defects not be reported within this timeframe, you will be deemed to have accepted them.
8. CANCELLATIONS AND REFUNDS
We are confident that you will love reading PORTER however, you may cancel your subscription at any time by notifying Customer Care. Simply call +1 855 333 8627 from 8.30am-8pm EST, Monday to Friday or email firstname.lastname@example.org. If there are more than 2 issues outstanding, the remaining balance will be refunded to you via the original payment method. Please note, refunds for gift subscribers will be issued to the purchaser.
9. RETENTION OF TITLE
You expressly agree that until you have paid in full for the magazines comprised in this or any other agreement with us, the goods remain our property. Should outstanding payments for the goods not be forthcoming, you undertake to pay all those costs we incur in the collection of any such sums due, including legal costs.
10.1 We shall not be liable to you or be deemed in breach of these Terms by reason of any delay in performing, or any failure to perform any of their respective obligations under these Terms, if the delay or failure was due to any cause beyond our reasonable control. This may include any act of god; legislation; war; fire; flood; drought; inadequacy or unsuitability of any instructions, electronic file or other data or materials. Failure of power supply; lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute; or owing to any inability to procure materials required for the performance of the Terms.
10.2 In the event that the magazines prove to be defective for any reason, including negligence, our liability (if any) shall be limited to the rectification of the defect. Where we procure that our nominated third party rectify defective magazines under this clause you shall not be entitled to any further claim in respect of the magazines delivered nor shall you be entitled to treat delivery thereof as a ground for repudiating the agreement between you and us, failing to pay for the magazines or cancelling further deliveries.
10.3 We shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this contract or any further agreement, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by our negligence, or negligence by our employees, our nominated third parties, agents or otherwise) which arise out of or in connection with the supply of PORTER.
10.4 We reserve the right to refuse to enter an agreement with any individual, without providing reasons for this refusal.
10.5 Our aggregate liability in connection with the agreement between you and us or any further agreement (whether in contract, tort or otherwise) for loss or damage shall not exceed the price of the subscription of PORTER in respect of one incident or a series of incidents, except as expressly provided in these Terms.
10.6 In the event that an issue of PORTER is lost in dispatch, we will ensure that we will replace any missing issues where possible or extend your subscription term accordingly.
10.7 To the extent permitted by law, NET-A-PORTER exclude all other liability to you. This exclusion of liability shall not apply to any damages arising from death or personal injury caused by their negligence or that of any of our third party’s employees or agents.
10.8 These Terms do not and shall not affect your statutory rights as a consumer.
11. DATA PROTECTION AND USE OF PERSONAL INFORMATION
12. LICENCE TO USE MATERIAL
12.1 We grant you a personal, non-exclusive, non-transferable, royalty-free licence to use all the material on this Site and in PORTER (including but not limited to: software, documentation, text, pictures, sounds, graphics, articles, video or audio clips, and advertising material) ('NAP Material') on the basis set out immediately below.
12.2 You are entitled to access, download and transmit (for the purposes expressly permitted in these Terms) and store the NAP Material for your own personal, non-commercial use provided that you do not:
Remove any notices relating to the ownership of copyright or other Intellectual Property Rights (as defined below) in the NAP Material;
Modify, translate, reverse engineer, reproduce, decompile, disassemble (except as expressly permitted by law) or create derivative works of any of the NAP Material;
Rent, lease, sub-licence, loan, copy or give or transfer any rights in the NAP Material in any form, to any person or entity without the prior written consent of The NET-A-PORTER Group Limited.
13. INTELLECTUAL PROPERTY
Unless otherwise stated, all intellectual property rights, (including but not limited to copyright, trade marks, registered and unregistered designs, database rights, domain names and goodwill (“Intellectual Property Rights”)) in all content included on this Site and in PORTER, including all text, graphics, logos, photographs and images) is the exclusive property of The NET-A-PORTER Group Limited or its licensors and is protected by applicable legislation around the world. Any commercial use, including the reproduction, modification, distribution and transmission of any content is strictly prohibited without the consent of The NET-A-PORTER Group Limited.
14. GIFT SUBSCRIPTIONS
14.1 You can order a subscription as a gift online by visiting http://portersubscription.net-a-porter.com.
14.2 Once you have placed an order for a gift subscription online or by telephone, you will receive an email confirming that it is processing. You will then be sent an additional email 5 working days later containing all your subscription details.
14.3 If your gift subscription to PORTER was placed through the post, you will be sent an acknowledgement letter within 21 working days to confirm your details from us. Otherwise, you will be sent confirmation by email if an email address was provided.
14.4 Please note, at no point will we contact the gift recipient directly and it is your responsibility to notify them about their subscription.
15. COMPLIMENTARY DIGITAL ACCESS TO PORTER
15.1 When purchasing a print subscription to PORTER, you will receive complimentary access to the digital edition in February 2014.
15.2 Once your order has been processed, you will be sent an email from us containing steps on how to download this. If you subscribed via post, your download instructions will be mailed to you.
16.1 If we fail, at any time during the term of the agreement, to insist upon strict performance of any of your obligations under the agreement or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of the terms within these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. LAW & JURISDICTION
These Terms are governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English Courts.
19. RIGHTS TO VARY TERMS
We retain the right to vary these Terms without notice to you. However any variation to these Terms shall be uploaded to http://porter.com.
20. SUBSCRIPTION INQUIRIES
For assistance with your PORTER subscription, email email@example.com or call +1 855 333 8627 from 8.30am-8pm EST, Monday to Friday.